In the wake of Apple v. Samsung and the recent draft amendments regarding FRAND agreements under the Japan Antimonopoly law by the Japan Fair Trade Commission (JFTC), the Japan patent licensing system has taken a very pro-licensee stance. Specifically, the new draft amendment now includes provisions effectively barring patentees from obtaining injunctive relief against third party licensees who are “willing to take a license under FRAND terms.” To allow injunctive relief against a wiling licensee would be an unfair trade practice. Furthermore, a negotiating third party licensee is still “willing” if they have the demonstrated intent of entering a licensing agreement, regardless of whether they challenge validity or assert non-infringement of the patent. The only relief available to patentees against infringers of their SEP is monetary damages in an amount equivalent to a “reasonable royalty rate.”